In procedural-law scholarship as well as in the theoretical analysis of the notion of proof as a result of the joint assessment of all items of evidence introduced in a trial, reference is frequently made to notions such as the conviction, belief, or certainty of a judge or a jury member about what happened. All these notions underscore the mental states involved in the process of determining the facts on the part of a judge or a jury. In this analysis, (...) I look at the links between beliefs and the justification in the findings of fact provided by the judge or jury in her or its verdict. (shrink)

In jurisprudential literature, the adjective ‘defeasible’ appears as a predicate of many terms: concepts, laws, rules, reasoning, justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of the criteria of identification (...) of a legal system. We also provide a formalization of some options regarding defeasible criteria of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility is better conceived of as a feature of legal application is examined and questioned. (shrink)

El artículo tiene como objetivo ofrecer un panorama de los problemas que enfrenta la motivación de las resoluciones judiciales. Así, se intenta responder básicamente a tres cuestiones: ¿qué se motiva?, ¿qué significa motivar dado el rol de la función judicial? Y, derivado de ellas, ¿cuáles son las exigencias para una correcta motivación?

In jurisprudential literature, the adjective 'defeasible' appears as a predicate of many terms: concepts, laws, rules, reasoning, justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of the criteria of identification (...) of a legal system. We also provide a formalization of some options regarding defeasible criteria of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility is better conceived of as a feature of legal application is examined and questioned. (shrink)

This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary (...) context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors. (shrink)

Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.

The Logic of Legal Requirements. Essays on Defeasibility, edited by Jordi Ferrer Beltrán and Giovanni Battista Ratti, and published by Oxford University Press in 2012, is a very much welcome contribution to one of the most discussed topics in the contemporary legal theory and philosophy. Defeasibility is connected to many essential issues such as the nature of legal reasoning, the structure of legal norms and legal system, the concept of legal validity, as well as the mechanisms and (...) limits of.. (shrink)

Esta investigación pretende aportar datos para determinar en qué medida el feedback influye en el rendimiento académico.Se ha realizado una experimentación con estudiantes universitarios de los grados de marketing y de educación física. Se ha dividido la muestra en tres grupos en función del tipo de información -feedback- que se les proporcionaba.Los resultados muestran que hay correlación entre la información facilitada y los resultados obtenidos. El rendimiento mejora en función de la información cuando ésta es correcta. Estos resultados han de (...) servir para reforzar el compromiso del docente en ofrecer retroalimentación con responsabilidad y rigor. (shrink)

The First World Congress on Evidential Legal Reasoning, organised by the Legal Culture Chair of the University of Girona, was held between June 6 and 8, 2018. The Congress was attended by 350 participants and featured 18 speakers from four continents. The three days of formal and informal presentations and discussions yielded excellent results, strengthening the interrelation between the legal communities and specialists of different traditions. The 18 papers from the Congress, reviewed by their authors based on the discussions and (...) the suggestions made at the Congress, have been compiled in this book. (shrink)

El artículo revisa las aportaciones más trascendentes que Jordi Ferrer ha hecho a la tradición racionalista de la prueba jurídica y evalúa críticamente el limitado papel que, desde su óptica, le corresponde desempeñar a la epistemología en la discusión general sobre los estándares de prueba apropiados para las distintas ramas del derecho. Más específicamente, se analiza la irrelevancia que Ferrer parece atribuir a dicha disciplina –o el silencio que debe guardar–, respecto del establecimiento del estándar de prueba (...) deseable en materia penal. Se concede que, en efecto, le corresponde al pueblo tomar la decisión de qué estándar implementar. No obstante, se sostiene, ello no impide que la epistemología incida en el proceso de formación de dicha decisión mediante la realización de observaciones, el ofrecimiento de argumentos y la propuesta de metodologías adecuadas, con miras a que aquella se tome en un contexto mejor informado y sea lo más racional posible. Se ilustra esta posición haciendo referencia al proyecto de epistemología jurídica de Larry Laudan. (shrink)

Surgical patient safety remains a concern worldwide as, despite World Health Organization recommendations and implementation of its Surgical Safety Checklist, adverse events continue to occur. The aim of this qualitative study was to explore the views and experiences of perioperative nurses regarding the factors that impact surgical patient safety. Data were collected through five focus groups involving a total of 50 perioperative nurses recruited from four public hospitals in Spain. Content analysis of the focus groups yielded four main themes: personal (...) qualities of the perioperative nurse, the surgical environment, safety culture, and perioperative nursing care plans. One of the main findings concerned barriers to the exercise of leadership by nurses, especially regarding completion of the Surgical Safety Checklist. Some of the key factors that impacted the ability of perioperative nurses to fulfil their duties and ensure patient safety were the stress associated with working in the operating room, time pressures, and ineffective communication in the multidisciplinary team. Targeting these aspects through training initiatives could contribute to the professional development of perioperative nurses and reduce the incidence of adverse events by enhancing the surgical safety culture. (shrink)

This paper studies Wittgenstein’s later observations on moral disagreements. First, it examines the practice of reason-giving and justification in moral disa-greement. It argues that, for Wittgenstein, moral reasons are descriptions which are used to justify a moral evaluation. Second, it explains that the adequacy and conclusiveness of moral reasons and justifications are dependent on their appeal to whomever they are given, not on how the world is. Third, it shows that Wittgenstein’s remarks on the inconclusiveness of moral reasons and jus-tification (...) do not entail a commitment to moral relativism. Lastly, it shows how Wittgenstein’s observations can be used in future investigations to develop a new picture of deep moral disagreements. (shrink)

Recent years have seen a heightened focus on the study of minimal forms of awareness during sleep to advance the study of consciousness and understand what makes a state conscious. This focus draws on an increased interest in anecdotical descriptions made by classic Indian philosophical traditions about unusual forms of awareness during sleep. For instance, in the so-called state of witnessing-sleep or luminosity sleep, one is said to reach a state that goes beyond ordinary dreaming and abide in a state (...) of just awareness, a state in which one is not aware of anything else other than one’s own awareness. Moreover, for these traditions, this state is taken to be the essence or background of consciousness. Reports on such a state opens the door to exciting new lines of research in the study of consciousness, such as inquiry into the so-called “objectless” awareness during sleep—states of awareness that lack an ordinary object of awareness. In this two-staged research project, we attempted to find the phenomenological blueprints of such forms of awareness during sleep in 18 participants by conducting phenomenological interviews, informed by a novel tool in qualitative research, the micro-phenomenological interview (MPI) method. Following a phenomenological analysis, we isolated a similar phase across 12 reported experiences labelled as ‘nothingness phase’ since it described what participants took to be an experience of ‘nothingness’. his common phase was characterised by minimal sense of self—a bodiless self, yet experienced as being ‘somewhere’—, the presence of non-modal sensations, relatively pleasant emotions, an absence of visual experience, wide and unfocused attention, and an awareness of the state as it unfolded. (shrink)

We investigate whether age profiles of ethnobiological knowledge development are consistent with predictions derived from life history theory about the timing of productivity and reproduction. Life history models predict complementary knowledge profiles developing across the lifespan for women and men as they experience changes in embodied capital and the needs of dependent offspring. We evaluate these predictions using an ethnobiological knowledge assessment tool developed for an off-grid pastoralist population known as Choyeros, from Baja California Sur, Mexico. Our results indicate that (...) while individuals acquire knowledge of most dangerous items and edible resources by early adulthood, knowledge of plants and animals relevant to the age and sex divided labor domains and ecologies (e.g., women’s house gardens, men’s herding activities in the wilderness) continues to develop into middle adulthood but to different degrees and at different rates for men and women. As the demands of offspring on parents accumulate with age, reproductive-aged adults continue to develop their knowledge to meet their children’s needs. After controlling for vision, our analysis indicates that many post-reproductive adults show the greatest ethnobiological knowledge. These findings extend our understanding of the evolved human life history by illustrating how changes in embodied capital and the needs of dependent offspring predict the development of men’s and women’s ethnobiological knowledge across the lifespan. (shrink)

BackgroundMoral distress (MD) is the psychological damage caused when people are forced to witness or carry out actions which go against their fundamental moral values. The main objective was to evaluate the prevalence and predictive factors associated with MD among health professionals during the pandemic and to determine its causes.MethodsA regional, observational and cross-sectional study in a sample of 566 professionals from the Public Health Service of Andalusia (68.7% female; 66.9% physicians) who completed the MMD-HP-SPA scale to determine the level (...) of MD (0-432 points). Five dimensions were used: i) Health care; ii) Therapeutic obstinacy-futility, iii) Interpersonal relations of the Healthcare Team, iv) External pressure; v) Covering up of medical malpractice.ResultsThe mean level of MD was 127.3 (SD=66.7; 95% CI 121.8-132.8), being higher in female (135 vs. 110.3; p<0.01), in nursing professionals (137.8 vs. 122; p<0.01) and in the community setting (136.2 vs. 118.3; p<0.001), with these variables showing statistical significance in the multiple linear regression model (p<0.001; r2=0.052). With similar results, the multiple logistic regression model showed being female was a higher risk factor (OR=2.27; 95% CI 1.5-3.4; p<0.001). 70% of the sources of MD belonged to the dimension "Health Care" and the cause "Having to attend to more patients than I can safely attend to" obtained the highest average value (Mean=9.8; SD=4.9).ConclusionsFemale, nursing professionals, and those from the community setting presented a higher risk of MD. The healthcare model needs to implement an ethical approach to public health issues to alleviate MD among its professionals. (shrink)

How do we measure happiness? Focusing on subjective measures as a proxy for welfare and well-being, this book finds ways to do that. Subjective measures have been used by psychologists, sociologists, political scientists, and, more recently, economists to answer a variety of scientifically and politically relevant questions. Van Praag, a pioneer in this field since 1971, and Ferrer-i-Carbonell present in this book a generally applicable methodology for the analysis of subjective satisfaction. Drawing on a range of surveys on people's (...) satisfaction with their jobs, income, housing, marriages, and government policy, among other areas of life, this book shows how satisfaction with life "as a whole" is an aggregate of these domain satisfactions. Using German, British, Dutch, and Russian data, the authors cover a wide range of topics, even some not usually considered part of economic study.The book makes a distinction between actual satisfaction levels and individual norms, and in this way complements Van Praag's earlier work within the Leyden School with his later work in "happiness research". Among the many topics covered, the authors discuss: individuals' memory and anticipation processes and the estimation of adaptation phenomena ; the effect of reference groups on income norms and satisfaction with income; the importance of climate for well-being, including the development of a climate-equivalence index; the trade-offs between chronic diseases and income when well-being is kept constant; the damage of aircraft noise on well-being; the construction of a new talent tax tariff; and inequality from a satisfaction perspective, including the definition of "satisfaction inequalities", a natural extension of income inequality and poverty.This groundbreaking book presents new and fruitful methodology that consitutes a welcome addition to the social sciences. (shrink)

The goal of this paper is to present Yabloesque versions of Grelling’s and Zwicker’s paradoxes concerning the notions of “heterological” and “hypergame” respectively. We will offer counterparts of these paradoxes that do not seem to involve self-reference or vicious circularity.El objetivo de este artículo es ofrecer versiones de las paradojas de Grelling (sobre el predicado “heterológico”) y de Zwicker (sobre el hiperjuego) inspiradas en la paradoja de Yablo. Nuestras versiones de estas paradojas no parecen involucrar ni autorreferencia ni circularidad viciosa.

Urban agriculture (UA) is spreading within the Global North, largely for food production, ranging from household individual gardens to community gardens that boost neighborhood regeneration. Additionally, UA is also being integrated into buildings, such as urban rooftop farming (URF). Some URF experiences succeed in North America both as private and community initiatives. To date, little attention has been paid to how stakeholders perceive UA and URF in the Mediterranean or to the role of food production in these initiatives. This study (...) examines the promotion and inclusion of new forms of UA through the practice of URF and contributes to the nascent literature on the stakeholder and public perceptions of UA. It seeks to understand how those perceptions shape the development of new urban agriculture practices and projects. Barcelona (Spain) was used as a Mediterranean case study where UA and URF projects are growing in popularity. Through semi-structured interviews with 25 core stakeholders, we show that UA is largely perceived as a social activity rather than a food production initiative, because the planning of urban gardens in Barcelona was traditionally done to achieve leisure and other social goals. However, several stakeholders highlighted the potential to increase urban fertility through URF by occupying currently unused spaces. As a result, the positive valuation of URF depends on the conceptualization of UA as a social or food production activity. In turn, such conceptualization shapes barriers and opportunities for the development of URF. While most UA-related stakeholders (e.g., food co-ops, NGOs) preferred soil-based UA, newer stakeholders (e.g., architects) highlighted the economic, social and environmental opportunities of local and efficient food production through innovative URF. (shrink)

Para explicar el crecimiento en el querer libre se parte de la libertad como actividad constitutiva en el acto de ser personal y a través del yo quiero se la extiende a los actos de la voluntad. Estos actos se prolongan en forma curva desde simplex volitio hasta el ordo amoris. El crecimiento curvo se transmite al querer-hacer en sus distintas dimensiones, tales como la acción técnica, la cultura integrada en la praxis y el quehacer histórico.

In this paper I intend to classify the modes of temporality and to place History within the Sciences of Spirit according to Edith Stein's thought. Its specific treatment refers temporality and History to lays of the person (body, psyche, spirit). While the passives associations of immanent time correspond to corporal and psychic levels of the person, the historical succession is made possible by the intentions which derive from the spirit. And thus as history consists of a unity not reducible to (...) conscious intentions, so the person is also a unity not entirely transparent to itself. (shrink)